Key facts
- The Justice Department argued the White House press ban on CNN, MS Now, and Politico is lawful.
- The DOJ cited national security concerns and "verifiable falsehoods" in the outlets' reporting.
- The news organizations are challenging the ban as a violation of the First Amendment and due process.
- The White House press office sent letters on Sept. 22 outlining the rationale for the ban.
- US District Judge Timothy J. Kelly will hold a hearing on the request on Wednesday.
The US Justice Department has urged a federal judge to reject a request by CNN, MS Now, and Politico to reinstate their White House press credentials, arguing that President Donald Trump's ban on their journalists is lawful and necessary to protect national security. In a court filing late Tuesday, government lawyers contended that the news outlets posed a threat by publishing "verifiable falsehoods about national security and other issues, and publishing sensitive or classified information."
The administration stated that "access to the White House is a privilege — not a right" and that blocking the ban could raise "serious separation of powers concerns." The Justice Department provided the court with copies of letters sent to each news organization from the White House Press Office, dated September 22, outlining the rationale for the ban. These letters cited coverage related to sanctions on Russia and military actions in Iran, among other subjects.
The news outlets sued Trump on Monday, asserting that the ban is a violation of the First Amendment's protection of free speech and the press, as well as the Fifth Amendment's guarantee of due process. They argued that the ban was implemented immediately without proper notice or an opportunity to contest the decision. The outlets are seeking a court order for immediate reinstatement of their White House access while their lawsuit proceeds.
US District Judge Timothy J. Kelly, a Trump appointee, is scheduled to hold a hearing on the request on Wednesday. Kelly previously presided over a similar case in 2018, where he ordered the restoration of CNN correspondent Jim Acosta's access after it was revoked.